RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           25 November 2003                   
	DOCKET NUMBER:   AR2003090352

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Ms. Yolanda Maldonado		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his original Social Security Account Number (SSAN) be shown in item 3 (Social Security Number) on his DD Form 214 (Report of Separation from Active Duty) for the period ending 12 July 1979.

2.  The applicant states, in effect, that he lost his wallet prior to his transfer to Germany and after he notified the Social Security office of this problem he was issued a new SSAN instead of his original SSAN.  After he signed into his unit in Germany he pursued this issue and his SSAN was changed back to his original SSAN.   

3.  The applicant provides a letter of explanation; a letter, dated 4 March 1981, from the U.S. Army Finance and Accounting Center; and a copy of his DD Form 214 for the period ending 12 July 1979.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 12 July 1979.  The application submitted in this case is dated 23 April 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 10 January 1973 for a period of 4 years.  He served as a light weapons infantryman and was honorably discharged on 14 October 1974 for immediate reenlistment.  He reenlisted on 15 October 1974 for a period of 6 years.

4.  DA Form 4187 (Personnel Action), dated 23 February 1978, shows the applicant's SSAN was changed by his state Social Security office in Alabama.

5.  On 12 July 1979, the applicant was honorably discharged for immediate reenlistment.  Item 3 on his DD Form 214 for the period ending 12 July 1979 shows the new SSAN.

6.  On 13 July 1979, using the new SSAN, the applicant reenlisted for a period of 6 years.  

7.  On 4 March 1981, the U.S. Army Finance and Accounting Center changed the applicant's SSAN back to his original SSAN.  

8.  On 23 September 1985, the applicant was retired by reason of permanent disability.  Item 3 on this DD Form 214 shows the applicant's original SSAN.  

9.  Conversation with the Defense Finance and Accounting Service – Cleveland Center (DFAS-CL) on 19 November 2003 verified the applicant is being paid retired pay under his original SSAN.

10.  Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. 

DISCUSSION AND CONCLUSIONS:

1.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.  

2.  There is no evidence of error regarding the applicant's SSAN on his DD Form 214 for the period ending 12 July 1979 (his new SSAN was effective on that date).  His SSAN was not changed back to his original SSAN until 4 March 1981. However, to preclude any possible problems the applicant may have with having two different SSANs, it would be appropriate at this time to correct item 3 on his DD Form 214 for the period ending 12 July 1979 to show his original SSAN.    

BOARD VOTE:

RVO___  LEM_____  YM______  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his original SSAN in item 3 on his DD Form 214 for the period ending 12 July 1979.

		_Raymond V. O'Connor__
		        CHAIRPERSON

INDEX

CASE ID	AR2003090352	
SUFFIX		
RECON		
DATE BOARDED	20031125	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	100.0900	
2.		
3.		
4.		
5.		
6.